The state of Maryland has just expanded the definition of rape. There are several other states with similar statutes that could be in for similar treatment of the crime. Essentially, what happened is the girl consented to have sex with the guy, he starts "performing" and then she changes her mind and tells him to stop. He continues for "5 seconds or so" and then stops.....the court held that was a rape. Watch the video to see 2 comenntators discuss the case. It also provides a list of states that have similar statutes to Marylands and could also see a flood of litigation behind this ruling. http://www.cnn.com/video/#/video/bestoftv/2008/04/22/mg.morrow.eiglarsh.int.cnn There are a ton of articles on the web about this case if you would rather read about it than watch the video. There is a very short videomercial prior to the actual video being played, but you should see the title of the video at the bottom where the controls are to know that you have the correct video. Michelle
I think 5 seconds is an awful long time when you really think about it. Sure there are exceptions and whatnot, but still, that's a while.
No, not legally...... There is a legal definition as to what constitutes a contract and there are various types of legal contracts. Even given the various ways that sexual contact can be initiated, I can't think of any way in which it could meet the legal definition of a contract. Even if I could come up with a way to argue that each element required to constitute a contract had been met in a particular fact pattern, the contract would not be legally enforceable. To take it even further, even if a Judge were to find a legally enforceable contract, what are the damages for the breach?...you surely can't force performance. And....since neither party has given the other any "valuable consideration" for his offer, he/she has lost nothing with which he/she could be given back to make them whole. Having said all that.....I think the courts ruling is about the dumbest ruling that I've seen in my entire legal career. Michelle
